McMullan v. Booker

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McMullan and Smith, friends of 30 years, were related by marriage. They were addicts. During a drug-related fight, McMullan snatched a revolver from his wife and pointed the gun one foot from Smith’s chest. The gun fired. Smith later died from the gunshot wound to the chest. When witness McDowell testified at trial, he had a pending cocaine charge. Because McDowell had denied ever using crack cocaine at a preliminary hearing, McMullan’s counsel sought to cross-examine him about the charge to impeach McDowell’s credibility. The trial court denied the request. The court instructed the jury on the first-degree murder charge and on second-degree murder and voluntary manslaughter. McMullan's requested involuntary-manslaughter instruction was denied. Convicted of second-degree murder, possession of a firearm during commission of a felony, and as a felon in possession of a firearm, McMullan was determined to be a fourth-felony habitual offender. The court in McDowell’s case granted the government’s motion to downgrade McDowell’s cocaine charge from a felony to a misdemeanor. McMullan’s counsel unsuccessfully sought a new trial because of McDowell’s plea deal. The Michigan Court of Appeals rejected arguments relating to the involuntary-manslaughter instruction; counsel’s failure to cross-examine McDowell about the plea bargain; and failure to disclose the plea agreement. The Michigan Supreme Court granted affirmed on the sole issue of the jury instruction was warranted. McMullan unsuccessfully sought a writ of habeas corpus. The Sixth Circuit affirmed, rejecting arguments relating to the jury instruction and the plea agreement. View "McMullan v. Booker" on Justia Law